The Ombudsman's final decision
Summary: We will not investigate this complaint about care provided to Mrs C’s late husband. This is because further investigation could not add to the responses Mrs C has received from the Care Provider and the Council.
The complaint
Mrs C says her late husband was neglected by his Care Provider who should have put a number of aids and support in place to assist him and ease the pressure sore on his heel. Mrs C does not want other residents to go through a similar experience to that Mr C did.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered Mrs C’s concerns under its responsibility for Safeguarding Vulnerable Adults, and although found some parts of the complaint inconclusive, found no evidence to support the allegation that Mr C was intentionally harmed or neglected. It acknowledged miscommunication contributed to some of Mrs C’s concerns and advised it has shared this information with the Care Provider for learning.
It is unlikely further investigation could add to this. We could not provide a remedy to Mr C for any injustice caused from fault which might be uncovered during an investigation as sadly he has since died. Mrs C has identified aids and support which may have benefited Mr C and is concerned other residents may experience something similar. Mrs C can ask the Care Quality Commission (CQC) to consider her concerns during its routine inspections. Information about the CQC can be found on the website below and can be contacted on 03000 616161: Care Quality Commission (cqc.org.uk)
Final decision
We will not investigate Mrs C’s complaint because further investigation could not add to previous investigations or make a finding of the kind Mrs C wants.
Investigator's decision on behalf of the Ombudsman